we have to leave now to start doing some on-line shopping. it's cyber monday. >> i'm more of a brick and mortar guy. >> are you? >> cheryl casone tomorrow. talks about jobs. bill: here we go. we hope you had a great thanksgiving. fox news alert because the ntsb is on the scene after deadly train derailment in new york city. a live look as rescue workers using crains to pick up cars sent hurdling off the tracks. four people were killed. 60 were injured. some of them listed in critical condition again today. now the investigation as to why. >> throughout the next few days our investigators will work on the scene to thoroughly document the accident scene, gathering the factual information. our mission is to understand not just what happened but why it happened. >> to see those trains as large as they are on their side and the people that were in that, what they must have been going

through. bill: laura engel is live on the scene in morning. we'll check in with laura in a matter of moments with an update as the investigation gets underway. first a disasterous start, two months later, around the clock repairs continue. the white house now declaring victory on health care dot-gov despite vital parts of the website still under repair. would you call that victory? i hope the tryptofan wore off. i'm bill hemmer. martha: good morning, martha. i hope you had a wonderful thanksgiving. we went down to the wire of the that self-imposed deadline for obamacare website. the white house told reporters that they have scene a quote, vast improvement, some say what exactly does that mean, in the health care website. >> bottom line, healthcare.gov on december 1st, is night and day from where it was on

october 1st. now to be clear, there likely will be times even with this increased capacity that that increased capacity will not be sufficient to handle peak demands. bill: but at the moment the most important part of the site is not even finished. the clock is running on that. stuart varney, host of "varney & company", fox business network. good morning to you, sir. >> good morning, bill. bill: what is the issue today, stuart. >> the back end. it is the back end that is really creating the problems now. two problems there in particular. insurers report that they are, that people are calling them saying, we enrolled but they have got no record of that enrollment. also information is going astray. 1/3 -- one h paying for it and pricing new products is not built yet. that vital importance has not even gotten started. the back end is now a huge

looming problem and it's a problem right now. bill: you don't want to show up at the doctor's office saying we have no record of you, you are not covered here. millions expected to sign up. they believe ahead of the deadline which is three weeks from now? what is tricky about that, stuart? >> the deadline is december 23rd, that is if you want full coverage on january the 1st. millions of people need to sign up in that deadline period, by december 23rd. can this website handle that many people trying to get on? we already know that it can not handle the pricing and payment once you're on and you try to choose. so you've got this real problem now of millions of people jumping, trying to jump on, trying to enroll. can they do it? will this system allow them to do it by that december 23rd deadline? at moment the answer is no, probably not. bill: on december 1st, which was yesterday on the calendar, a statement came out from the administration. 24 hours ago this is what it

said in part. while there is more work to be done the team is operating with private sector velocity and effectiveness. nasty private sector. >> that acknowledges the gap between the performance of the private sector and the performance of the government and, bill, i have to say, that undermines the basic premise of the obama administration, which is, government can fix things. big government can fix big problems. evidently it can't. the private sector can. that's a big admission. bill: stuart, thank you. coming up in a couple minutes here we have some great experts on this to tell people in plain english what they can expect now. we'll see you at 9:20, okay? >> thanks, bill. bill: stuart varney from fox business. martha. martha: it has been a rough road as you know for the obamacare website. it started back on october the 1st when healthcare.gov launched. when that young lady's face was on the website. then it went away. there were tons of problems with site crashes. that same day president obama made remarks saying there were

some glitches with the sign-up process. 19 days later the administration acknowledged major problems in fact with the site and announced a quote, tech surge, that would fix the whole thing by the end of november. then the congressional hearings began. remember these, october the 24th? federal contractors blamed the administration for the problems. cited their decision to have people create accounts before they browse around the health plans. more problems came, halloween, october 31st, the website crashed for the second time in one week, right in the middle of testimony from kathleen sebelius. yen, yesterday in a conference call the white house told reporters that the site, is quote, as you heard, moments ago, night and day from where it was on october the 1st. bill: so with the night and day difference it should be easy to sign up right now, right? peter doocy logged on over the weekend to find out n a moment you will find out how he did. he will be here live to talk about that coming up in a couple minutes. martha: despite the rosy out

look for the website, health and human services secretary kathleen sebelius is telling people they may want to wait until the rush is over to try to log on. she has an op-ed this morning in "usa today." she says this. you may want to visit healthcare.gov in off peak hours when there is little less traffic. mornings, evenings or on the weekends. rich lowery, editor of "national review" and fox news contributor. good morning to you. >> hi, martha. martha: happy post-thanksgiving. what do you think about that? >> can you imagine amazon telling its customers come on at midnight when you know you can actually get on the website and it can work? martha, this whole deadline november 30th is completely arbitrary. they just wanted something to say to people, during the disasterous rollout and they made the goal so vague that there was no way that they couldn't say, oh, okay, we basically met it. that's where we are now. they say they basically met it but it is still not working astuter points out the back end isn't built. the back end has to do with

identifying customers and actually having them purchase the product and getting that verified and calculating the subsidies. none of that is working. martha: that is the real payoff moment when you bach in the doctor's office we see you got insurance signed up on this plan or not, which is very scary to a lot of people. let me ask you the split side of this i heard robert gibbs talking about where we are with this. frankly where we are now should have been two months before the launch. the end of august we should have been at this spot. you have this other piece of information of a moment, reported by kathleen sebelius at the white house rolling her eyes when denis mcdonough putting up a county down clock to the first day, feeling they're being micromanaged. what is going on inside the white house? >> the reporting is that the relationship between hhs and the white house was poisonous and the relationship between hhs and the contractors was poisonous. so there is a huge mess and

everybody basically knew the ship was going down but no one wanted to admit it because the white house's political game to rumble on no matter what and create facts on the ground and sign people up, say to the critics, get over it, this thing is reality. martha: what about down the road? it is working better. 800,000 users daily according to jeff zeints can come on to the website. they're trying to do 50,000 at a time. they say they have 90% stability rate as far as that goes right now. what about when it starts really cooking and more and more people start coming on is it likely they will run into the same troubles? >> we'll see. there are two key indicators to look at. obviously the enrollment numbers. do they increase the rate of enrollment month by month and do they seem what looks like a big number by the end of march. two, the president's approval ratings and ratings of red state democrats. if you see those continue to fall the way they have over the last two months you could still

see a big democratic political panic over this that could mean big change in the law. martha: we will see what happens. rich, thank you very much. good to see you. >> thanks, martha. bill: holiday shopping season kicked off with a bit of a frenzy. according to retailers black friday was a bit of a bust. despite more shoppers than ever going to the stores. according to the national retail federation, 141 americans headed out for this. is that right? 141 million? that's half the country. martha: unbelievable. bill: there are only 330 million of us here. millions also took to online shopping this year. but overall sales slumped about 3%. so we want toe no what you think. will you spend less, more, or about the same this year as you did about a year ago? tweet us. martha: what do you think? what are you going to do? less, more, about the same. give me something nicer than last year i hope. bill: depends how it goes next three weeks. martha: i'm just kidding. it was very nice. bill: fire away. martha: we're just getting started this morning, everybody.

we have this very sad story that happened over the weekend for you today. a fiery car crash killed an actor famous for high-octane chase scenes. the investigation into his death begins. look at that scene. friends and fans remember paul walker. >> i'm in shock with the loss and death of paul walker. unbelievable. it is so sad. >> i saw all the movies, since the beginning of "fast & furious." it was pretty awesome. bill: what a loss that is. should congress let the president go forward with the nuclear deal on iran? senators are speaking out on what they need to do to stop the deal cold. martha: this is our favorite story of the day. look at that. looks like science fiction, right? online retailers, one online retailer is turning to unmanned drones to drop off your packages at your door. how cool is that? how cool. bill: that might be a pretty good twitter question today. would you shop this way, america? i know one person would.

martha: like the owls in the "harry potter" delivering the mail. bill: the first person who would is mccallum. martha: absolutely sign me up. ♪ pp ÷ó

martha: well the investigation is now underway into the death of paul walker and it looks like speed was indeed a factor in this crash. boy, what a scene that is. 40-year-old actor riding in a friend's porsche after a charity event outside of los angeles, the driver loss control and crashed into a light poll. walker and the driver were both killed. there was not much left of that vehicle. today, fans have gathered at a makeshift memorial at the scene. walker's "fast & furious" co-star tyrese gibson showed up at the memorial. you can see how emotional he was. this is heart-breaking. intense emotion as he remembered his colleague and dear friend. bill: about 15 minutes past the

hour. today you may find the obamacare website a bit easier to use the white house says. still many insurance companies are saying the site remains deeply flawed and those insurers and even some states are looking to work around the federal website. what does that mean? we have a senior fellow ethics and public policy center. and dr. potarazu,, as we like to call him, dr. p. james, to you first. if entire states are trying to get around the website, what does that mean? >> well, i think it means that this big rollout of december 1 was mostly about making it cosmetically better for consumer, for those trying to enroll. if you're not worried about accuracy and the back end working well it is easy to enroll people. the website is supposed to be about signing people up to the insurance and making right payment to the right insurance plan for the right family and

the system really can't do that yet. they have done a lot of pr, well, things are better for the consumer experience but this is not a functioning website yet. it doesn't really do what it is supposed to do. what they're doing is lots of work around. they will make lump sum payments to insurance plans at beginning of year instead of individual subsidy calculation that is are accurate. they're saying they will quote, true it up later. well, as these things go, i know from working in bought, it means taxpayers end up paying a lot of the bill for mistakes. bill: part of the reason why we mentioned this story because the state of connecticut is trying to work around the website to get information directly from the consumer to the insurance company. dr. p, what issue do you see today? >> there is going to be a big issue, bill, because if the states start doing this the ability to synchronize that enrollment to make sure it is right, get right information to the insurance companies and make sure that the right subsidy is paid out you know, as james said, it is at the core of

obamacare actually working and the fact that we're now three weeks away and the crux of that experience has not been flushed out is a major red flag. so if you've got the insurance companies and the states where ultimately the decisions have to be made and the plans have to be issued are doing workaround, how possibly is healthcare.gov working because system and capacity may sound like great buzzwords but at the end of the day if you're not getting right people enrolled in the right plans, that are choosing the right plans and the subsidies are being paid correctly, then, obamacare is not working. bill: private sector efficiency, gentlemen, that's what we were told on sunday morning. to mr. capretta, you believe once you get past all of these hurdles at the moment. that you as the consumer will find what on the plans offered? >> well, that's one of the ironies is this, maybe once the

website is working and consumers can see what is offered things actually might get worse for the program. the insurance plans being offered you through the exchanges have generally very high deductibles. premiums especially for people coming out of the individual insurance market will be quite high. as i mentioned over weekend, 30 to 50% higher than they have been in the individual market for most people. moreover, you will get narrow networks. that is, you will get a very limited list of physicians and hospitals covered by the insurance plan, much like medicaid today. it is very narrow network. bill: that limits your choice, right, james? >> exactly, limits your choice of physicians. frankly a lot of people won't realize their physician isn't covered because the website doesn't really reveal that. bill: that could lead to big issues when you go to the doctor's office. >> absolutely. bill: we mentioned that to stuart varney a few moments ago. dr. p, what do you see now into 2014 if these issues are not resolved in places like

connecticut and if other states follow? >> you will see mass confusion, bill. people will end up just as you said earlier in that example, not really knowing what plans and what exactly their plans are covering. and they're not going to know what their financial responsibility is. and that's a big concern because the government is taking the position right now, let's just punt. let's estimate what the subsidies are going to be and figure out later on. those subsidies have to go to the insurance companies. if the insurance companies feel like they're not able to recoup the cost for having now taken on all of the people with preexisting conditions, you're going to see a lot of repercussions where people will see more cancellations or less options available in the exchanges because insurance companies are just not going to participate. and so consumers will have their back to the wall. and so the fact that these back-end systems which again, not to be redundant are really at the crux, like on cyber monday saying that you can go

shop around and but you can't consummate the transaction, who would accept that on cyber monday? bill: you shop but bring nothing home. >> exactly. bill: or pay for it either. gentlemen, thank you to both of you because we're now in december trying to figure out what's working and what's not. but it is clear this will be something that will go deep into 2014. dr. sreedhar potarazu, thank you. james capretta, thank you. we'll call on you both very soon. martha. martha: it's a war on christmas but it's a whole different kind. a new threat that is killing off christmas trees. we'll tell you what is going on with the poor little trees out there. bill: also federal investigators are on the scene of that deadly train derailment. laura engel is there live with the latest today. >> good morning, bill. heavy equipment is being used this morning to right the railcars here in the bronx as investigators continue to interview passengers and crewmembers to find answers. we'll have more coming up after the break. [ male announcer ] 'tis the season of more.

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♪ bill: we are hearing for some there could be an issue with your christmas tree this year. that has many farmers looking overseas. the issue is root rot, threatening traditional fir trees in america. root rot is a water mold, once in the soil makes it unfit for production. one study estimating the potential loss in the state of oregon alone could be $300 million. that has growers nationwide experimenting with the fir tree from the country of turkey. martha: investigators from the national transportation safety board are now on the scene of the deadly train derailment that happened over the weekend in new york city. crews righting the railcars certainty hurdling off those tracks and investigators are recovering the train's data recorder that could tell them how fast the train was going at the time of that crash.

laura engel is live from the accident scene in the bronx. laura, what's happening out there this morning? >> reporter: good morning, martha. well ntsb investigators say they are going to be out here for at least seven to 10 days working through the scene, going through the wreckage and speaking with passengers, interviewing crewmembers and of course trying to get to the bottom of what happened and looking at all important data recorder boxes. in photos heavy equipment were used this morning to right the toppled railcars one by one. insides of these cars tossed around like toys during violent derailment yesterday, took the lives of four, injured over off, contains crucial evidence how the passengers survived and died. the track themselves, of course as we've been talking about the black box. that was recovered yesterday by ntsb investigators and they will be carefully reviewing it to find out how exactly fast the train was going as it went into the turn near the harlem and

hudson rivers. new york governor andrew cuomo talked about the factors that could have caused the crash early this morning. >> there were three possibilities. that there was a problem with the track. there was quote, unquote equipment failure on the train itself, or operator error. that the engineer of the train, who was a long-time engineer made a mistake where human beings that could happen also. >> reporter: and we understand that we're going to have another press conference with the ntsb a little later on today. and we may find out the speed factor sometime today as well. martha? martha: it will be such an important element obviously, laura. but the personal side as we start to find out a little bit more about the victims of this crash, tell us. >> reporter: yeah. they are heart-breaking details indeed as we find out who was on the train and where they were going. it is sort of thing you would imagine on thanks giving weekend, a very special week end for so many. we want to go through names of

the victims released. james lovell a 58-year-old father was on his way to work as lighting technician and supervisor for the lighting of rockefeller christmas tree. donna smith, 54 years old, a paralegal. she was doing to go to the city with her sister on the train. they were going into new york for a performance. the train was headed to grand central station. the other victims, james ferrari, 59 years old and anne kisick. a woman from queens. off were injured overall. i spoke with one man recovering from his home with bad scrapes up and down his body. the sound of scraping metal was so severe and loud, something he couldn't get out of his had had last night as he tried to sleep. he is recovering from injuries like some others are. martha: frightening. laura, thank you so much. we'll find out what happened later when they find out how fast it was going a similar situation in italy a

year-and-a-half ago. train taking the bend a million times, was going too fast. bill: it is a big bend as you see from the area. the white house is saying the difference between the health care website is between night and day. so what happens when you log on during the day? peter doocy has done it. he will tell us what he found out in martie of moments. martha: how about this? a top obama vise sore that obamacare will work, but not necessarily in this presidency perhaps. >> i think it is just a fact, it may take until 2017 when this president leaves office. you see the interest out there, george. people want health care. they will be able to get health care.

bill: so the man the white house brought in to fix the obamacare website says it's a lot better than it was on day one, 60 days ago, night and day he says, so what happens when people try to use the site? peter doocy did it so you don't have to. he is live in washington. how are you, sir? did the administration fix the website by the november 30th deadline, which is the new deadline? >> not completely, bill. it was impossible to submit a application every time i tried. the system asked for all my vitals including my social security number and said i was almost finished with the application but that i couldn't finish because the verification system was unavailable. the verification system is the critical step at the end where the website makes sure people

are who they say they are and getting proper coverage information. it is impossible to proceed without that verification. so that was a big postdeadline roadblock all day yesterday, which does appear to have been fixed this morning, but one flaw remains out in the open is right at the beginning of the application. it was there all day yesterday and it is there right now. there is a basic question about who is helping you fill out the application. basically asking if there is a broker or a navigate tore nearby. i clicked that none of these people were lending a hand. but the result on the next screen, said the opposite. that i told the website, another person was in fact helping me complete the application. we have heard administration officials many times say that off-peak hours are the best time to use healthcare.gov but that was not my experience this weekend. bill: you've been doing this for two months, right? i remember you trying to log on october 1. what improvement have you seen

over 60, some odd days? >> reporter: just today, bill, there is a brand new homepage with a completely different design. the first two versions in the first two months. the site is also much faster. it is possible to compare basic plans in your area in about a minute. if healthcare.gov nears its new capacity of about 50,000 users at a time, an alert on the home screen says that consumers will be cued up before they can start. basically they have to wait in a digital waiting ram to insure they have a good experience. all new. bill: looking at website right now. no more pictures. just graphics. thank you, peter, keep trying. peter doocy in washington. >> reporter: all right. martha: despite the blizzard of problems you heard about from obamacare to website and canceled insurance plans and even more delays there is optimism from former administration official that is obamacare is going to work but they say you might have to wait a while. >> may take until 2017 when this president leaves office.

you will see almost every state in this country running their own exchanges and expanding medicaid and i think it will work really well then. martha: really well then, 2017. kirsten powers joins me, columnist from the "daily beast" fox news contributor and kate at this pavlick, townhall.com. fox news contributor as well. hope you had a good thanks bying. 2017, kirsten when he says all the states will be on board and it will look a whole lot better by then. >> maybe it will. i mean, the president even said himself he only has, only one way to go, only one way to go at this point and it is up. and certainly possible and likely things will be better but i don't know how much that is really saying considering where they were starting from. and i do think over time, look, if the system works, if the website starts working and people can sign up they're right, then this will behind them but i still think it's a real blemish for the administration.

martha: yeah, i mean you've go 38% approval ratings and majority of the country saying that they don't feel confident that this can be run effectively, katy. david plouffe may very well be right. the economy may be looking better by then. you may have medicaid expansion hoping to be part of the that program. gosh, i thought it was going to be so bad and it is not so bad? >> well, we also heard for five years the economy has improved. in reality it actually has not improved. we have unemployment rate still way too high. the administration is trying to create this idea of a new normal. this is what you basically should put up with. this idea 50,000 people being able to use a website at a time being success a joke quite frankly. for david plouffe to say that president obama's approval numbers will get better. this isn't simply about this one program. this is about people not trusting the president. it will only get worse, when 90 million people get dumped off employer plan on to the

obamacare exchanges. martha: play the other sound bite and have you listen to this from david plouffe as well on sunday. >> i think president's numbers will recover. i think people's confidence will recover. people trust the president. there are numbers all over the place. i'm confident in a few months the trust numbers will come up. martha: peggy noonan was looking at him and said, are you kidding? that whole issue if you like your health care plan if you can keep it. she said, kirsten, that will not go away. what do you think? >> quell, you know -- well, you know, it is true people have pretty much always trusted president obama and they liked president obama, even people who didn't vote for him but i, having him make a promise like this that he made over and over and over again i do think has tarnished him and affected him. now, people do have shorter and shorter memories it seems and i think, maybe because information is moving so quickly, so it is certainly possible he will regain some of that but i think it harmed him and harmed him

among democrats. it harmed him among people who are typically his very staunchest supporters who really feel that he said something that ended not being true. that affects how people think of you. and it affects, you know, the trust level and if more people are thrown offer the plans it will come up again, right? about, if you like your plan and you can keep it. he will probably have to go through this again. i think it will harm him. the long. martha: the long term is one thing. short term is another, katy. he has three years left in the presidency and democrats are pulling away from him at the moment. he needs to get them back on board. if he wants to get anything else accomplished in this presidency. >> well, that is why 2014 is going to be very interesting when it comes to the midterm elections, not only to see if democrats lose their seats in the senate but see how democrats campaign. will they campaign on obamacare like dnc chairwoman debbie wasserman-schultz suggested or

will they continue to run away from it and try their best to look back at their own promises to say, i'm really sorry. i think they will have to make statements we didn't tell you the truth. we're sorry bit. we'll do everything to get your plans back. those plans are gone. that trust is gone. you look at polling. look at the polling of president and congress as a whole, people are really not happy about this going back we talk about short memories. 2010 was a landslide year for republicans based on obamacare. that is not even at time when it is bad as it is now. looking at 2014. it will be interesting to see how democrats campaign. martha: touches the lives of so many people and we are going to be seeing that moment of president obama saying if you like your health care plan you can keep it, as you can bet, over and over and over again in all those midterm political ads. we'll see where it goes. good to see you both this morning. kirsten, katy,. >> see you later. martha: okay. bill: a stunning statement from

two top lawmakers. we are not safer today than in recent years. what they said about that. also this pushback from all sides on the nuclear deal with iran. what senators might do now, democrats and republicans, to spike this deal. >> they could after that period of time enrich uranium without any consequence and without any limitations. they could seek a plutonium track without any limitations. those are real concerns. [knock] no one was at home, but on the kitchen table sat three insurance policies. the first had lots of coverage. the second, only a little. but the third was... just right! bear: hi! yeah, we love visitors. that's why we moved to a secluded house in the middle of the wilderness. just the right coverage at just the right price. coverage checker from progressive.

martha: china now on their own mission to the moon. the long march 3-b rocket blasting off from southwest china earlier this morning. it is carrying the country's first lunar probe. they will be the third country to reach the surface of the moon along with the united states and former soviet union. the probe is set to land on the moon by earlier this week.

bill: remarks from two key lawmakers over the weekend whether they were asked if we are safer now than a year ago or even two years ago. this is how they answered that question. watch. >> i think terror is up worldwide. statistics indicate that. fatalities are way up. there are more groups than ever. there is huge ma left lens out there. >> i absolutely agree we're not safer today for the same very reasons. so the pressure on your intelligence services to get it right to prevent an attack are enormous and it is getting more difficult because we see the al qaeda as we knew it before is metastasizing to something different. more affiliates than we ever had before. bill: kt mark far land, our fox news security analyst. good morning to you. >> good morning. bill: what kind of things are they hearing in the top secret hearings to answer a question like that? >> i think three things have happened. one, al qaeda and al qaeda like-minded affiliates are in more places and greater numbers

than ever before. number two, the terrorists are better trained. they have been to war in afghanistan, iraq, libya. so some are coming out of this knowing what they're doing. third, al qaeda seems to have had a mind-set change. they're now much more comfortable with the lone wolf, with the one guy who will do some small scale attack. in the past they always were looking for the big event the thing about the big event you could see those coming. require ad lot of people, required movement of money. that stuff we've gotten pretty good shutting down. it is the lone wolf who can do a lot of damage. bill: candy crowley from cnn says that is not the answer i expected. senator feinstein said there are bigger bombs that can go through magnetometers. >> sure. it is getting more difficult to find the stuff. the senator and congressman were reflecting two things. they are reflecting the fact there is lot of criticism about our intelligence gathering. about the nsa. about the wiretaps.

about who are they listening into. i think part of was their push back to that. we need to do this stuff because otherwise we won't see them coming. bill: hand-in-glove is what is happening with iran. >> sure. bill: here is general michael hayden when he was asked about iran and what we're doing now. >> let's be honest with ourselves, all right? we have accepted iranian uranium enrichment. that there is no question about that. that is a different red line that we have. bill: so democratic senators are pushing back. republican senators are pushing back. the white house is saying look, it is a solid achievement with what we've got here. >> maybe, maybe not. you won't know until the six months are up. effectively what obama said, if you like your nuclear weapons program, iran, you can keep it, period. he means it this time. what we have given up in exchange though, we have given up one leverage we which is sanctions, punishment on their economy. we've given that up. even though the president may

say oh, if they don't abide by it, we'll reimpose sanctions. he won't be able to because there will be pressure by companies -- bill: senator corker said at height of leverage, we negotiated a deal out of this with not a single centrifuge being dismantled. >> bill, it is crazy. there are 19,000 centrifuges spinning in iran. there are twice as many centrifuges in iran than starbucks in america. not one will turn down. not one turn off. they may give up some enriched-uranium. they have the ability to make more tomorrow, in six months. so, yeah it is good we're talking to iran? you bet. maybe iran stops their program in six months, maybe not because we have given up leverage. at end of the day it is not what we think. bill: it is what? >> what the other people in the region think. what if saudis don't buy it. when if they look at this, iran you stopped this short of having nuclear weapons, we have to assume this is the same thing as having them. bill: quickly, do you see this working its way back through

congress and do you see a battle with the white house? do you see the president being successful in order to keep folks on board this deal? or are they going to buck it? >> effort in congress to say let's impose sanctions if deal doesn't go through. let's put a timer on this thing. if six months the iranians don't take the next step. i got your money, that's great, i'm going back to the nuke program, then we will impose other sanctions the at end of the day mike hayden is right. the iranians gotten what they want, better economy, better economic conditions because of the sanctions and accepted right to enrich uranium. they will be defacto nuclear country. bill: at height of leverage we negotiated a deal. bob corker's words on that. kt mcfarland. thank you. >> all right. bill: martha, what is next? martha: the trip back home from the holidays got very messy in one area a 65-car pileup in one state.

miraculously there were only minor injuries. we'll take the details on that. one website taking delivery to a new high. check this out. could that drop off your next amazon order? when we come back.

bill: hundreds of protesters laying siege to a government building. police clashing with demonstrators. calling for the removal of the president, prime minister and cabinet in ukraine. hundreds of thousands taking to the streets over the weekend protesting a deal signed by a pro-russian president, strengthening the economic and political ties with moscow. look at that. also weakening they believe ukraine's ties to the european union.

martha: here is our favorite story of the day, folks. amazon is testing a new way to get your packages to you even faster. look at these little babies. they are using drones or will be pretty soon. we'll tell you how soon. it is airmail. look at this thing go. before amazon can take prime air, which it is what it is called to prime time they do face a little tiny hurdles from the faa and safety officials but, we won't let that get in the way after good story. joining us is gerri willis, host of the "willis report" on fbn. hi, gerri. >> good morning. amazing right? martha: it is. i compare it to the jetsons when things were flying all over the place and we're getting close to jetsons lifestyle or "harry potter" where owls bring you everything you need to your door. >> we're not there yet. we have to have the faa change rules. that may happen in 2015 if think get lucky. jeff bezos is excited about this, the ceo of amazon. these things, you can land one

on the desk. they're not very big. it is so small. that is what i think is interesting. you can imagine of them hundreds in the air, right. martha: that is what he is saying. these things will be common as delivery trucks. he gave himself a big window, several years, right? >> that's right, several years. 2015 the rules may change but may take them longer to get out the door. they can carry packages of five pounds. that is not a lot but that covers nearly 90% of the packages they deliver. they can deliver a lot this way. amazon is concerned mower and more delivering on their own, using ups or usps. they have a amazon fresh service that delivers groceries in a handful of cities right now. they're doing it themselves. it would allow them to take control of the last mile. martha: in terms of business it visiter call integration issue. imagine how nervous ups must be. a huge portion of their business has to be delivering this, all these boxes for amazon. but you know, it is just

interesting when you think about the liability though. i mean, it could land anywhere, break stuff, anything could happen, right? >> they said we don't want to land on somebody's head. you have to have pinpoint accuracy. what if the wind blowing 30 to 40 miles an hour as it was doing a few weeks ago in new york city? you have to imagine there are a lot of problems could arise. if weather bad. i got a tweet from somebody coming on to your show. i hope the drone season doesn't interfere with duck season. what if hunters see it and shoot them down? martha: i also like to think ahead to my kids and their kids and what the world will be like. you think, you can imagine, here is my package. it will drop on the front porch with one much these little drones. >> that is what you see. see video of it. guy opens his door and walks out. martha: it is really cool. i'm glad they sent us a the cool video. gerri, thank you very much. >> much welcome. martha: special delivery, mr. hemmer. bill: what you don't want to

order are eggs. martha: no eggs. bill: not quite sure. martha: too breakable, gerri said it, 98% of the their packages are under five pounds. it's a ton of books and lightweight things. drop it on the doorstep. bill: got it, ladies. martha: leave a tip. bill: latest claims about the health care website. you may be able to sign up but tancan you actually get insurance that you're after and are you in a big surprise trying to use the insurance? live from the white house. brit hume on a monday with his take. martha: look forward to use him. a live broadcast in bismarck, new york daca, with a new anchorman. you recognize that buy? 24 is really funny. ♪ do you recognize that guy? this is really funny. ♪

of users are >> if the plan doesn't work on january one, millions could wend up without health insurance. head henry is loaded with questions. the administration says the website is better. but they have a bit of a creditability issue. >> you have insurance companies saying the back ends on the

system are struggling and that is raising questions about people logging on, but can they enroll and get insurance with that insurance set to begin 30 days from now? the administration is declaring victory saying they have met the deadline of fixing the website for most users. you have to listen to how they are calibrating this. this is them setting a lower bar. >> just like google and facebook who are constantly twerking and improving their sites this one has a ways to go. but it is working reasonable. >> the president's approval ratings, which have been sagging, one of his top

advistoradvistoo advisors, says he is going to pull back ahead. you have republicans saying if people can log on they will find out maybe these plans were fought not what they were expecting to pay for them. >> i don't know how you fix it. i don't know how you fix a program that was put together with only one side of the aisle and taking the shortcuts we are taking to put in place >> the president was pressed over the holidays about whether he has lost too much trustworthiness. he insisted every president has

had a rough patch like this and she is -- he is -- going to recover >> you may not find out there is a problem until you try to use the policy. joining us is rick. welcome back after the long weekend. what do you think of what ed was saying? folks showing up to get insurance and they might say woo don't have you in our system? >> there is that. and i knew george washington. he was a friend of mine. president obama is no george washington. >> wasn't that clever? >> anyway, we experimented, kim and i, on the website and we found that in virginia for her, if she were to sign up there was

a limited amount of plans and no platinum plans. and how many of her doctors included in the best plan available? none. once you log on and get past that the you will find out if there is a plan on there that you have lost, whether the deductibles are acceptable or not, whether the plans you use use the facility you do. a lot of people are going to be disappointed and not to mention the fact like ed pointed out, the back end system that transfers it to the insurance and tacks care of payments isn't working. i don't think that is reasona l

reasonablreasonab reasonable? >> they said that last week. >> remains to be built. >> how does this pay out politically? >> there is going to be winners in this. people who have not had insurance and people with subsidies. the problem in politics is angry and disappointed people are more motivated as voters than satisfied people. the disappointment that so many millions are going to feel about their experience is going to outweigh the people who have had a successful appearance and that is going to continue for a long

time. we have the shoe that will drop when the employer-sponsored plans have to be made obamacare compliant. medicaid is another issue. the administration complained people were substandard. millions of medicare people have a terrible time finding a doctor that will treat them. and that is an experience a lot of people will run into it. there is a lot more to happen and i think it will be a political burden. >> it is like throwing a stone in a pond. the ripples keep coming. and we are almost in 2014. we have a mid-term election. and for the republican side of the fence, these ads are going to write themselves. if you liked your health care

plan you can keep it and line up sound byte after sound byte of people saying i don't have the same plan and i liked my doctor. >> that promise by the president repeated so many times was echoed by countless democrats who were holding office and will have that hanging around their necks. the consequences of this will flow for some time >> it will be a story we will talk about every single day >> this story broke over the weekend and continues to change unfortunately on a day where the death toll is rising. tragic helicopter crash into a pub in scotland. we are removing the wreckage. do they know what happened and how it happened? >> bill, they are still

searching for answers. we know there was no may day called and no black box. investigators are hoping they can pull some data from the digital electronic system that is the engine. but they are working with a difficult situation. eye witnesses said the shopper fell through the air like a stone. it was only this morning crews were able to remove the chopper from the wreckage of the pub whose roof it crashed through. the building was a rental so there was three floors upon ear each and the building was unsafe to work on. three of the bodies were just removed this morning as

emergency workers paid respect as the vehicles passed. nine dead all together, but there is a chance a body or more could be found in the wreckage now investigators can get inside the pub >> thank you, amy. >> investigators are now on the scene of that deadly commuter train derailment and new details coming in on what happens as witness describe that scene. >> big boom. and that was it. >> watching the emergency crews in action and seeing the injured climbing out is something i will never forget. >> not supposed to happen that way. and another crash in yet another state. >> it is a sign of brake for the speed i could get rid of it. >> get this.

65 cars involved. but this one turned out to be okay. >> and new outrage from the catholic church that has to do with obamacare >> you are pushing aside your greatest supporters. we want to be with you and strong.

>> freezing rain and eyes icy conditions causing a major wreck with 65 people. no one died in the mess of st l steel. >> i am surprised no one was killed. the vehicles under the truck had cops on them.

i have never seen anything of this magnitude. >> temperatures rising into the 40s to keep the roads free of ice. >> special investigators are now at the scene of that deadly train derailment that happened in new york city over the weekend. this train barrelled off the tracks killing four people and injured dozens of others. the ntsb says their go team is considering speed and human error as possibilities in this tragedy which shocked commuters who ride this train every day. >> i heard a big boom. i got up and looked out my window. >> used airbags to lift the train off several people that were trapped underneath.

>> just to see the speed had train was going. >> it is horror for the person to think they are going to some place and they will get there and they don't make it. >> so true. in some cases people were on their way, one of those who was lost, was on his way to help with the christmas tree lighting and was a long-term worker for nbc. and others were on their way to see the holiday lights in new york city and all of the those fun things that ended in a tragedy. some say it could have been worse in terms of numbers. the injured were the ones others to get out successfully. many are thankful it wasn't worse. >> you have to figure a lot of people are upstate after a long weekend and friends and family and that is a part of the track

whe where it is heading southbound. you take the turn on the right side of the screen is a big turn before the island of manhattan hits. the other interesting thing is the locomotive at the back of the train pushing eight or ten cars in front of it. >> we will keep a close eye on that story. >> big developments on one of the biggest leaks in the government. it has been about six months since snowden has revealed secrets about snooping. and we are live with more on what we are learning about the evidence we are seeing now.

>> a review shows the majority are dealing with sources and methods of surveillance overseas. the chairman of the house committee, mike rogers, who receives regular briefs, suggested there is help that edward snowden had helped. and the former head of the nsa and cia says his activities were catastrophic for the united states national security bill. >> and they question whether the united states is safer when the president took office. >> that is right. on the sunday talk show we heard from rogers and his counterpart dianne feinstein. and she said security has become

more advance. and they talked to the bomb maker with aqap who was behind three plots to set off bombs on af aircraft coming into the united states. >> thank you for that story. need an anchor? ron burgundy stopped in north dakota for a newscast. >> this isn't a prototype. there is a real robo cop in town. details after this.

>> stay classy, north dakota. the regular news anchor there. the co-anchor had trouble keeping a straight face. >> you look lovely tonight >> are you married? >> no. >> well, i am. it is not too often you can call a sheriff a dummy and get away with it.

i have though >> farrell is starring in anchor man two coming out december 18th. i think the movie is funnier than the clip. >> if you boys in your house, they are excited. >> how do you think ambaton rou rouge -- amber -- did? >> she did good. trying to keep is straight face is tough. let's get back to this story that is a sad one. a train crash in new york city. investigators are on the scene and we have a former board member and mechanic from the station. what do you think about this accident? >> well, it is too early to have

any conclusion, but speed and operat operator error are at the of the list. but the condition of the track is high on it the list as well. >> how will they begin the process? the conductor will be interviewed? but there could be underlying things as well? >> we may have eye witness saying they thought the train was going fast the event recorder will tell us that. but there are track specialist looking at the track and repairs. there is a whole litany that happens and they come together at the end. they go through the process and the process has been used since

the middle of the '70s. the outcome from the process is thorough and enlightening. >> there is a lot of stories and reports coming out out of it. one of it was that the driver said something about having to dump the brakes. what does that mean? >> that means he went to emergency stop. so he is dumping the air pressure immediately. the event record will tell us whether he did that and when he did it which is more importantly. too close to the turn and it couldn't have an effect it is operator error. if he did it at the right time and the train didn't slow down, it is mechanical error. >> when you look at the

pictures, and thank god the trains didn't go to the water, is there anything you can take away from the images? >> the one takeaway i took away is the human element and the train needs to be controlled better. we have been pushing for computer control of the train with the human being there to monitor it. we have trains at the airports, right at jfk, that is computer driven without on operator and has performed flawlessly for years. we need to upgrade the trains >> do you think people have become less competent than they

were in the past? >> no. it only take as few seconds between a safe operation and one that is in trouble. >> thank you, john. we have to wait until the full investigation at a figure out what happened and our hearts go out to those who were injured and lost in the accident. >> 27 minutes after the mass hour now. the administration is looking to deport a christian family seeking religious asylum in the united states. why the supreme court is stepping in. >> and insurance companies are saying enough is enough and saying hey want to get around the health care website all together. together. every day we're working to be an even better company -

and to keep our commitments. and we've made a big commitment to america. bp supports nearly 250,000 jobs here. through all of our energy operations, we invest more in the u.s. than any other place in the world. in fact, we've invested over $55 billion here in the last five years - making bp america's largest energy investor. our commitment has never been stronger.

>> the white house made a big push to fix the obamacare website so americans could start signing up. they declared victory yesterday morning, kind of-sort of. >> healthcare.gov is night and

day from where it was on october 1st. there might be times that increased capacity won't be sufficient to handle peak demands. the site is stable and acting at improved capacity. >> a headline this morning is insurance company and states are looking for ways to by-pass the legislation. good morning to you, well to to america's newsroom. the state of connecticut is one of the states looking to go around the website. >> they want to make sure there are other ways other than going through health care dot gov has

other ways of verifying they are eligible. >> you say it is no surprise they are looking for other options. they means they don't see the customers or the dollars coming to them? >> they want to make sure they have customers coming to them if they can do that. and that is one of their objectives. and the other is to make sure they are paid in a timely way. and making sure people are verified and you can get that verification through other parts of the state whether it is frl federal or state. >> verification of eligibility

is the biggest issue. that tells you and me what we are capable of receiving. >> it does to a certain extent. the website is built for those who don't have insurance right now or can't get it through the work place. the vast majority of people who have them get it through their employer and don't mead to bother with the website. it is those who don't have the coverage, and who are american citizens, people who are not in the country legally can't get coverage, for example. >> the white house would say folks like you and others are not stressing the rising cost of health care has declined. are they right? >> they make a good point. the cost of increased in health

care has slowed. we have seen the lowest growth of medical care cost. how much can be attributed to the reform act is hard to say. but this law was passed three and half years ago so some of that could be a result of reform. we will not go until years down the road. >> the team is operating with private sector. think so? >> i do think so. they did thing in some of the best and brightest to help fix this so i think that might be a correct term. >> and one more thing, earlier they said there will be winners in this law, but more of a political question is that the

there is going to be losers also. and the losers tend to be louder and have a louder voice and would be drawn to the ballot box more than the winner. what is your view on that? >> i think the media will pay more attention to those having problems than those who are successful. the media covers had the wrecks on the freeway not those who make it home. we will see a battle of spin. those opposed fto this presiden will try to make sure the voices of the losers are heard the most and democrats make will make sure the winners heard the most.

>> we have breaking news. thank you, bill. >> we do. this is coming from toledo, joseph high cool is under lockdown and the reports are there is a student who has a gun and some reports that student isn't an active shooter and is c contained in one area. this is in the old west end neighborhood of toledo ohio and part of the toledo public school system. scott high school in toledo, ohio. as we get more information we will bring to to you. we want to move on to this this morning. in 2008, a german family fled to the united states after authorities demanded the devote

christian parents stop home schooling their children. the obama administration has been ordered to respond. how did this case get to this point? >> they are devout christians and becoming concerned about about what their children were learning and they decided to home school the children which is against the law in germany. believing the united states was the one place that would protect them they fled here. the first judge agreed and granted them permission and safety. the obama administration appealed and won. if the supreme court doesn't step-in, the family is forced to go back. and they argue this "the motive

of jegermany is to express minoriti minorities. the levels are harsh. and they don't want to face that. " >> a really powerful and how is the administration responding? >> the argument from the administration is they are not facing religious persecution. they have a disagreement with germany about their education policy. and the family started a petition on the white house website that has more than 127,000 signatures. here is the statement from the white house: we know home schooling can provide young people with resources they need

and understand why parents value this freedom. it is interesting to note they didn't file any response to the supreme court. the administration has been ordered by the supreme court to respond to the petition and explain why they should be kicked out. the justice will vote on whether or nut to take up the appeal on what religious persecution really means. >> thank you very much. >> here is a question today. what do a prince, pope and miley cyrus have in common? >> as if the website debacle doesn't enough, someone else is speaking out against the affordable care act now >> we who were catholics who were among the pros do it pause of our religious conviction and

now we are being asked to violate them.

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>> the toledo blade says scott high school is on lockdown. negotiati negotiations are underway now. the gunman is 15 years old. he is alone in a room. it appears to be a contained situation and we hope it stays that way at toledo scott high school.

>> more on obamacare. a church member of the catholic church is saying we cannot accept this policy. >> the bishops of the state in 1919 came out for more affordable health care. that is how far we go back in this battle. that is where we worried about this. and say mr. president, please, you are kind of pushing aside your greatest supporters. we want to be strong and with you >> michael graham is here host of boston herald radio. what do you think? >> it comes down to the catholic church caring more about contraception than the

rest of americans. this is an issue of a private company that is christian owned. my concern is the slope. our first amendment is cheer about freedom of religion and i believe that extends to the private sector. there are numerous catholics that use birth control. so it comes down to does the catholic church care more about healing the sick or preventing birth control? >> they are asking for exe exemptions and if they don't believe that is ethical they should be able to offer a plan that is exempts contraception.

>> mr. obama never mentioned he thought this was a problem and now in 2010 it is as a sign that the catholics don't love people. this is the problem with obamacare that has a one-size fits all. these problems didn't exist until obamacare was passed >> i don't think what the issue is with offering a version that employer feels doesn't violate their conscious? >> because then we get into an area of every single religious organization that is linked or every owner with a personal

religious practice and if they are violated the first amendment. because birth role is provided doesn't mean everyone is choosing to use it. but there are other parts of the plan when it comes to women's health like ivf that are controversy in other religions. >> which is why you let the businesses do what they were doing before saying this is the coverage and you can add your own. this first case with haub -- hobby lobby -- and next is catholic leaders. they chose the obamacare bandwagon and asked for people

to tell people you have to buy insurance. and obama is saying you have to buy my insurance. >> it is hot topic and tas it plays out it is going to get hotter >> happening now, your way in a couple minutes. >> the white house says the website is working for the quote vast majority of leaders. we will talk the website, rollout and politics of it all. also, our media panel critiques the coverage of the obamacare rollout and the remaining technical issues. and the tb scare in the air and aggressive stance from asia. and the latest on the deadly

train crash. >> robo cop for real. meet what the future could be for your local law enforcement. >> it looks rtd2 to me.

>> some say it is new breed of crime fighting machine. designed to collect information and has gps and thermal images. this robo cop is raising concerns about privacy. peter is here with us and thanks for coming back.

he is five feet tall, 300 poun:. >> this is a crime-prevention robot. it isn't here to intervene in crime. but to observe and report. so it eliminates that night wat watchman duty. it alerts the human masters. they are not operators. >> this collects data, processes the data and makes the decision whether to act or not? >> it makes the decision whether something is suspicious enough to alert humans. the action is in human hands.

this isn't an aggressive machine gun robot in robo cop. >> what about the privacy issues? people are saying it is automated? >> that is an issue. but we have surveillance cameras in public areas and this is an extension of that and this can move. because it is to prevent crime t can take crime data at a location, so say there is suspicious things that might prop up and they can localize that. >> they say they came up with the idea because of what happened at sandy hook. you see it working? >> i can see this working.

will it prevent a tragedy? who can say that. but if you have a place that needs extra security and it is scrapped for resource and you couldn't afford the extra head, this is a halfway measure. >> rtdrtd2's evil twin is what y are saying it is. >> back to the breaking news from the ohio lock down in toleaed toledo. >> what the police are saying when

martha: want to go back to the story in toledo, ohio, in scott high school where we can now report that the student has been taken into custody. there are reports it was a handgun and that he was isolated in one room and sounds like it has ended in the most successful way possible. that he has been taken into custody and that nobody has been hurt. so we'll continue to get you

some more information on that as it becomes available. bill: thank goodness for that we have to run, everybody. hope you had a great weekend. "happening now" starts -- martha: see you tomorrow. starts right now. jon: we begin with a fox news alert. the national transportation safety board on the scene of that deadly train derailment in new york city. this is video of rescue workers earlier this morning trying to lift the cars that went flying off the tracks on sunday, killing four people and injuring more than 60 others. we're told that investigators recovered the events recorder, the black box. we're in the process to figure out exactly what happened. our laura ingle is live on the scene of the she will bring us a live report in a couple minutes. right now, today's top headlines and brand new stories you will see here first. jenna: the deadline to fix the obamacare website comes and goals. the white house says it met its goal but is the site really working and what is